Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-10-07
BROWNING INTERVIEW.
What He Says Concerning Land Com
missioner Halls Latest Letter to
the Panhandle Repi entative.
MIR. Hall Accused OF Talking about Every
thing Else but the Law and the Facts,
Like Lawyer IN a Strait.
Correspondence of the Gazette.

containing Land Commissioner HALLS
latest open letter to Representative
Browning arrived here yesterday. In re-
ply to the question of GAZETTE reporter
Mr.. Browning stated to-day, that ne did
not intend to publish reply to it. In
responce to further questioning by the
reporter Mr.. Browning ssid:
"The Commissioner has finally made
public the official Interpretation Of the
land law, to obtain which has been my
sole object from the beginning. I am
compelled to dissent from that interpre-
tsiioDf which, in my opinion, violates the
Ipiaing intent ard purport Of the
ffAWdnd threatens the most serious con-
sequences TO the interests of this country.
1 DO not question the good faith of the
: Commissioner, though he has so far for
gotten the question st issue and the ordi-
nary amenities Of discussion as to chal-
| ienge the sincerity of my motives and i'm
peach my integrity of character. But let
that pass. I apprehend that the public
will pass judgment upon the merits OF
this case and that to urge this discussion
into q personal controversy would be
| Justly regarded as an insult to the popu-
lar intelligence. The Commissioners
construction Of the law paVes the way
for the lease Of every acre OF school
lands, and virtually leaves him without
restriction, as to leasing. l deny that
it was ever contemplated to vest in him
such arbitrary powers, and call the laW
itself to bear witness against him"
THE LAW VS.. THE COMMISSIONER.
Mr.. Browning opened the statutes and
pointed 10 section % of the new land law
calling attention to the closing paragraph,
which reads: "NO agricultural lands
shall be leased, if in the judgment of the
Commissioner, they may De in Immediate
demand for settlement, but such lands
shall be held for settlement and sold to
actual settlers only under the provisions
of this sct."
aThe Commissioner totally ignores this
EeIsuse," continued Mr.. Browning, Sin
seeking to Justify his course and his in
depreciation Of the law. My contention
is that it was intended to qualify and con-
troi ell prece ding provisions in the law.
It's very position st the foot of the law
bears out this idea. Every lawyer and
every m&n of common sensa knows that
the latest intention as gathered from the
latest expression, always controls in the
construction of contracts, wills, laws, or
any other matters requiring Judicial in
depreciation. This provision is clear and
explicit. It's intent to reserve al lands
wanted for settlement from lease runs al
through the bill, and that policy repre-
sented the opinions Of fOur-ffths of the
members Of the Legislature. The method
! by which the Commissioner seeks to
evsde that restriction and virtually ignore
the leading purpose OF We law fh.t.sbee
most remarkable example Of executive
Legislation. Listen ST this"
Mr.. Browning read this sentence from
I the Commissioners letter: "It was dis
covered before the law took effect that i
would be impossible to determine whst
Eparticular lands were in demand for i'm
Imedjete settlement"
81 submit that this explanation" sale
Mr. Browning, elf well founded in fact
shows
LACK OF CANDoR
, lon the part OF the author OF the Law
toward the Legislature, which was Meth
er Just to the latter nor TO the public
The Commissioner says that sit was dis
, covered before the law took ef
, feet that this provision could
: not be complied with because the infor-
nation it required could not be had.
q |
r Legislature, thus enabling it to make
, other provisions in behalf of settlement
II is difficult to believe that the officia
, knowledge could have been so greatly
increased between the time of the pas
? sage of the law and the time it went into
effect. Such thing would have beer
impossible. But aside from this, does
> the explanation given by the Commits.
sioner justify him in the adoption Of {
o icy not only foreign bu
actually adverse to the provisions of tht
g law? Does the fact, if true, that ne
= means are accessible by which he cal
= determine Whist lands are in demand 20
& fsettlem~nt, invest him with the power II
= offer to lease ali the lands? Do tht
difficulties connected with the enforce
ment Of law Justify its complete revo
cation by the executive charged with III
enforcement? The law certainl,
recognizes that there are agriculture
lands belonging to the public funds
and that some of the pub
lie lands are in deman'
for settlement. It provides
that those OF the first class shall only b
leased subject to sale, and shat those o
II the second class shall not be leased at all
Yet the Commissioner advises applicant
= to lease mot in his letter to me, but i
another letter written privately to citi
zen of this county,, that 'all unsol
and Unbiased lands are subject t
e lease; apply for what you want Is
not clear that such policy is certainl,
- contrary to the letter and spirit Of tn
law? If it had been suspecte
that the limited discretion given the Con
: missioner would be SO expanded as
. furnish
PLEA FOR EXECUTIVE REPUTATION,
| spprehend that the Legislature woul
hsve added features TO the law whic
el would have more effectually provide
u against the wonderful fexibility sougt
to be given this discretionary power {
the Commissioner"
Out" continued Mr.. Browning, 18th